IP glossary

This glossary helps explain some of the most important IP words, terms and concepts.

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ATMOSS (Australian Trade Mark On-line Search System)
The IP Australia Trade Mark Register database. The database lists all the trade marks that are registered and pending in Australia, together with marks that have been refused registration, lapsed or removed from the database.
Address for service
The address in Australia where IP Australia will send all your correspondence. This may be a post office box. You must nominate an address in Australia for correspondence, even if your own address is not in Australia. You should notify IP Australia if you have a change of address.
Applicant
The person(s) or organisation(s) who applies for an IP right.
Assignee
The person(s) or corporate body to whom all or limited rights under an IP right are legally transferred.
Assignment of rights
This occurs when you sell or bequeath your IP rights to someone else. The assignee then owns those rights.
Australian Official Journal of Patents (AJOP)
The journal issued by IP Australia listing patent applications awaiting approval. Publication in the journal indicates the beginning of the opposition period.
Authorised user
A person who is authorised by and under the control of the owner of a trade mark to use the trade mark in relation to goods and services covered by the trade mark.
Basic application
A basic application is the priority document in any country where patent protection is sought in another country. In Australia the basic document is the first filed, whether that is a provisional or complete application. In the case of a convention application made in Australia, the basic document will be the one filed in the foreign country from which the convention application derives its priority. A basic application is the priority document in any country where patent protection is sought in another country. In Australia the basic document is the first filed, whether that is a provisional or complete application. In the case of a convention application made in Australia, the basic document will be the one filed in the foreign country from which the convention application derives its priority.
Certification mark
A mark used to identify goods or services that achieve a particular level of quality, accuracy or some other characteristic, including origin, material or mode of manufacture. A mark used to identify goods or services that achieve a particular level of quality, accuracy or some other characteristic, including origin, material or mode of manufacture. When an innovation patent or registered design has been examined and found to meet the requirements of the relevant Act it will be certified and become legally enforceable.
Circuit layout rights
Circuit layout rights automatically protect original layout designs for integrated circuits and computer chips. While these rights are based on copyright law principles, they are a separate, unique form of protection.
Classes
Trade marks are granted in categories of the goods or services they promote. These categores are known as classes, and are to be identified at the time of application. Trade marks are granted in categories of the goods or services they promote. These categores are known as classes, and are to be identified at the time of application.
Collective mark
A mark used in the course of trade by members of an association. An association includes any organisation of people with a common purpose and a formal structure such as a society, club, trade union or other body. A mark used in the course of trade by members of an association. An association includes any organisation of people with a common purpose and a formal structure such as a society, club, trade union or other body.
Common law trade mark
An unregistered trade mark, often identified by the TM symbol. The owner of the mark is claiming it as a trade mark under common law. They still have rights but it may be harder to enforce these rights and prove ownership.
Complete specification
A description of your invention that is the basis for your patent. It must describe your invention fully, detail the best way of putting your invention into effect and include at least one claim. Information and materials of commercial or personal value and kept secret from the general public.
Confidentiality agreement
An agreement between two parties regarding the use of confidential information.
Copyright
An intellectual property right which protects the original expression of ideas, not the ideas themselves. Copyright is free and automatically safeguards your original works of art, literature, music, films, broadcasts and computer programs from copying and certain other uses. Material covered by copyright is identified by the symbol ©.
Deceptively similar
A trade mark that is so similar to an existing trade mark that it is likely to confuse or deceive the public.
Design
A design is the overall appearance of a product. This includes the shape, configuration, pattern and ornamentation which, when applied to a product, give it a unique visual appearance. Design registration is for manufactured products but not artistic designs.
Distinctive
A requirement of a trade mark is that it is unique and unlikely to be confused with another trade mark.
Divisional application
An application which has been divided into two or more applications. A divisional application is filed when a complete application for an invention has already been filed and you wish to have some of the claims covered by a separate application. Divisional applications may retain the priority date of the original application.
Domain
The unique name that corresponds with an Internet Protocol address. For example, IP Australia's domain name is www.ipaustralia.gov.au.
Examination
The process during which an IP right (patent, trade mark, design or plant breeder's right) is assessed for compliance with requirements set out in the relevant Act. Examination is necessary if you wish to legally enforce your IP right.
Filing date
The date when the application reaches IP Australia in complete form.
IP Australia
The Australian Government agency that administers patents, trade marks, registered designs and plant breeder's rights in Australia. IP Australia is part of the Department of Innovation, Industry, Science and Research.
IP register
IP registers provide a large volume of publicly available technical knowledge and information about registered IP rights. IP Australia maintains four of these registers for Australian patents, trade marks, designs and plant breeder's rights.
Industrial property
Industrial property is a subset of intellectual property, referring to those types of intellectual property that have an industrial application.
Infringement
Use of another person's IP without their consent. IP Australia is not responsible for identifying occurrences of infringement. Enforcement of IP is the responsibility of the owner.
Innovation patent
A relatively quick, inexpensive way to protect innovations that would not qualify for full patent protection. Innovation patents require only novelty and an 'innovative step' to be valid. Protection lasts for a maximum of eight years.
Innovative step
An invention has an innovative step unless it is a variation on what is already known in ways that make no substantial contribution to the working of the invention.
Intellectual property (IP)
Property created by your mind or intellect. Types of IP include patents, trade marks, designs, confidential information/trade secrets, copyright, circuit layout rights and plant breeder's rights.
International IP
There is no such thing as a world wide patent or trade mark. IP rights are valid only in the country in which they are granted. Protection can be sought through international agreements such as the Patent Cooperation Treaty (PCT ) and Madrid Protocol. Australia is a participating country in both agreements and applications can be filed with IP Australia. A legal requirement for a patent to be granted. The invention must not be obvious to someone with knowledge and experience in the technological field of the invention.
Letter of demand
A letter issued by the holder of IP rights to a person suspected of infringing those rights
Madrid Protocol
A simplified process of applying for trade marks overseas. Only one application needs to be completed that lists all the countries you wish to be registered in.
Manner of manufacture
A legal term used to distinguish inventions that are patentable from those that are not. Artistic creations, mathematical methods, plans, schemes or other purely mental processes usually cannot be patented.
National stage
The stage of an international patent application where copies of the application are forwarded to the patent offices of designated countries.
Nice classification system
A classification of goods and services for the purposes of registering trade marks and service marks.
Non-exclusive licence
A licence that has no features of exclusivity. The licence is granted on the basis that the owner of an IP right retains the right to commercialise that asset and that the owner may grant any number of licences without limitation.
Notice of opposition
A notice that a third party has lodged an opposition to your IP right being granted.
Omnibus claim
A special claim that details the preferred form of your invention with reference to the description and/or drawings.
Open for public inspection (OPI)
The first availability of a patent application to the public.
Opposition
Patents, trade marks and designs all have a period of opposition, in which third parties may challenge the registration of IP.
Opposition period
Patents, trade marks and designs all have a period of opposition, in which third parties may challenge the registration of IP.
PCT (Patent Cooperation Treaty)
An international agreement used to file an international patent application. In your application, you need to select the countries in which you want a patent granted.
Passing off (in relation to trade marks)
A common law principle whereby one person represents their goods or services as those of another.
Patent
A patent is an IP right granted for any device, substance, method or process that is new, inventive and useful.
Patent application
A document filed with IP Australia, disclosing and claiming an invention and requesting the right to exclude others from practicing the invention.
Patent attorney
A professional qualified in a scientific discipline and who has the ability to advise and assist in management of patents, including drafting applications. Successful patent applications are quite complex and it is recommended to engage a professional to assist.
Patent of addition
A patent used to protect an improvement or modification that has been made to an invention of an earlier patent or patent application.
Patent pending
The condition that occurs between the time a patent application was filed and the finalisation of that application.
Patent search
A study of the patent literature in a particular field to determine whether the invention appears to be anticipated or obvious, and therefore unpatentable.
Patentable
The ability of an invention to satisfy the legal requirements for a patent in a particular jurisdiction.
Plant breeder's rights (PBR)
Used to protect new varieties of plants, a plant breeder's right gives the owner exclusive commercial rights to market a new variety or its reproductive material.
Prior art
Matter which is in the public domain and hence not patentable
Priority date
The date established for your invention when you first file a patent application. The priority date is used to determine if your invention is new. If the public knows your invention before this date, you are not entitled to patent it.
Provisional application
An interim document filed in patent actions. A provisional application establishes a priority date for disclosure of the details of an invention and allows a period of up to 12 months for development and refinement of the invention. A complete application must then be filed, and forms the basis of the grant of a patent.
Qualified person
Australia's Plant Breeder's Rights (PBR) Scheme uses comparative trials to establish the distinctness, uniformity and stability of new varieties. The qualified person, in collaboration with the PBR Office, accepts responsibility for all aspects of the comparative trial.
Royalty
A royalty is compensation paid to the owner of an IP right for the use of that right. A royalty is usually payable as a portion of proceeds from sales.
Sealing
Finalisation of a patent application if no opposition is filed during the opposition period. A patent deed is then sent to the owner.
Standard patent
A right granted for any device, substance, method or process that is new, inventive and useful. A standard patent requires a more significant level of inventiveness than an innovation patent, and can last for up to 20 years (25 years for some pharmaceutical patents).
Trade mark
A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, which is used to distinguish goods and services of one trader from those of another. A trade mark gives the owner the exclusive legal right to use, license or sell a trade mark within Australia (and any other country in which it is registered) for the goods and services for which it is registered. A registered trade mark is identified by the ® symbol. Unregistered or pending trade marks may use the TM symbol.
Trade mark attorney
A professional person qualified in trade mark law and practice and registered under the relevant legislation.
Trade secret
A type of IP and a strategy for protecting your IP. It includes proprietary knowledge (know how) and other confidential information.
Voluntary request for examination
You as the applicant for an IP right (e.g. innovation patent) request the registrar to conduct an examination of your application. This is normally done if you believe that your rights have been infringed.